NAVISTAR FINANCIAL RETAIL RECEIVABLES CORPORATION
305B2, 1995-05-25
Previous: VAN KAMPEN MERRITT INSURED INCOME TRUST SERIES 14, 485BPOS, 1995-05-25
Next: INSURED MUNICIPALS INCOME TRUST SERIES 281, 485BPOS, 1995-05-25



<PAGE>
 
                                   FORM T-1

                      SECURITIES AND EXCHANGE COMMISSION
                            Washington, D.C.  20549

                           STATEMENT OF ELIGIBILITY
                  UNDER THE TRUST INDENTURE ACT OF 1939 OF A
                   CORPORATION DESIGNATED TO ACT AS TRUSTEE

                     CHECK IF AN APPLICATION TO DETERMINE
                     ELIGIBILITY OF A TRUSTEE PURSUANT TO
                           SECTION 305(b)(2)     [_]

                                ---------------

                             THE BANK OF NEW YORK
              (Exact name of trustee as specified in its charter)

New York                                                    13-5160382
(State of incorporation                                     (I.R.S. employer
if not a U.S. national bank)                                identification no.)
                                                         
48 Wall Street, New York, NY                                10286
(Address of principal executive offices)                    (Zip code)

                                ---------------

                     NAVISTAR FINANCIAL 1995-A OWNER TRUST
              (Exact name of obligor as specified in its charter)

Delaware                                                    Applied for
(State or other jurisdiction of                             (I.R.S. employer
incorporation or organization)                              identification no.)

c/o Chemical Bank Delaware, Owner Trustee
1201 Market Street
Wilmington, Delaware                                        19801
(Address of principal executive offices)                    (Zip code)

                               ----------------

                            __ % Asset Backed Notes
                      (Title of the indenture securities)
<PAGE>
 
1.   GENERAL INFORMATION.  FURNISH THE FOLLOWING INFORMATION AS TO THE TRUSTEE:

     (A) NAME AND ADDRESS OF EACH EXAMINING OR SUPERVISING AUTHORITY TO WHICH IT
         IS SUBJECT.

--------------------------------------------------------------------------------
                 Name                                  Address
--------------------------------------------------------------------------------
Superintendent of Banks of the State of        2 Rector Street, New York,
New York                                       N.Y.  10006, and Albany, N.Y. 
                                               12203
 
Federal Reserve Bank of New York               33 Liberty Plaza, New York,
N.Y.  10045
 
Federal Deposit Insurance Corporation          Washington, D.C.  20429

New York Clearing House Association            New York, New York

     (B) WHETHER IT IS AUTHORIZED TO EXERCISE CORPORATE TRUST POWERS.

     Yes.

2.   AFFILIATIONS WITH OBLIGOR.

     IF THE OBLIGOR IS AN AFFILIATE OF THE TRUSTEE, DESCRIBE EACH SUCH 
     AFFILIATION.

     None.  (See Note on page 3.)

16.  LIST OF EXHIBITS.

     EXHIBITS IDENTIFIED IN PARENTHESES BELOW, ON FILE WITH THE COMMISSION, ARE
     INCORPORATED HEREIN BY REFERENCE AS AN EXHIBIT HERETO, PURSUANT TO RULE 7A-
     29 UNDER THE TRUST INDENTURE ACT OF 1939 (THE "ACT") AND RULE 24 OF THE
     COMMISSION'S RULES OF PRACTICE.

     1.   A copy of the Organization Certificate of The Bank of New York
          (formerly Irving Trust Company) as now in effect, which contains the
          authority to commence business and a grant of powers to exercise
          corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1
          filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to
          Form T-1 filed with Registration Statement No. 33-21672 and Exhibit 1
          to Form T-1 filed with Registration Statement No. 33-29637.)

     4.   A copy of the existing By-laws of the Trustee.  (Exhibit 4 to Form T-1
          filed with Registration Statement No. 33-31019.)

                                      -2-
<PAGE>
 
     6.   The consent of the Trustee required by Section 321(b) of the Act.
          (Exhibit 6 to Form T-1 filed with Registration Statement No. 33-
          44051.)

     7.   A copy of the latest report of condition of the Trustee published
          pursuant to law or to the requirements of its supervising or examining
          authority.



                                      NOTE


     Inasmuch as this Form T-1 is filed prior to the ascertainment by the
Trustee of all facts on which to base a responsive answer to Item 2, the answer
to said Item is based on incomplete information.

     Item 2 may, however, be considered as correct unless amended by an
amendment to this Form T-1.

                                      -3-
<PAGE>
 
                                   SIGNATURE



     Pursuant to the requirements of the Act, the Trustee, The Bank of New York,
a corporation organized and existing under the laws of the State of New York,
has duly caused this statement of eligibility to be signed on its behalf by the
undersigned, thereunto duly authorized, all in The City of New York, and State
of New York, on the 24th day of May, 1995.


                                         THE BANK OF NEW YORK



                                         By: /s/ Robert F. McIntyre
                                             ---------------------------
                                             Name:  Robert F. McIntyre
                                             Title: Assistant Vice President
<PAGE>
 
                                                                       EXHIBIT 7


                      Consolidated Report of Condition of

                              THE BANK OF NEW YORK

                    of 48 Wall Street, New York, N.Y. 10286
                     And Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System, at the close of business December 31,
1994, published in accordance with a call made by the Federal Reserve Bank of
this District pursuant to the provisions of the Federal Reserve Act.
<TABLE> 
<CAPTION> 
 
                                                             Dollar Amounts
ASSETS                                                         in Thousands

Cash and balances due from depository institutions:
<S>                                                            <C> 
  Noninterest-bearing balances and
   currency and coin.......................................    $ 2,715,471
  Interest-bearing balances................................        853,709
Securities:                                                
  Held-to-maturity securities..............................      1,346,480
  Available-for-sale securities............................      1,564,425
Federal funds sold in domestic                             
 offices of the bank.......................................      5,557,770
Loans and lease financing                                  
 receivables:                                             
  Loans and leases, net of unearned                        
   income .......................................24,091,702                     
  LESS: Allowance for loan and                             
   lease losses ....................................581,958                     
  LESS: Allocated transfer risk                            
   reserve ..........................................31,502                     
  Loans and leases, net of unearned                        
   income, allowance, and reserve..........................      23,478,242
Assets held in trading accounts............................         746,396
Premises and fixed assets (including                       
 capitalized leases).......................................         624,567
Other real estate owned....................................          46,570
Investments in unconsolidated                              
 subsidiaries and associated                              
 companies.................................................         181,905
Customers' liability to this bank on                       
 acceptances outstanding...................................         794,339
Intangible assets..........................................          77,527
Other assets...............................................       1,300,004
                                                                ===========
Total assets...............................................     $39,287,405
                                                                ===========
                                                           
LIABILITIES                                                
Deposits:                                                  
  In domestic offices......................................     $18,681,498
  Noninterest-bearing ............................7,230,562
  Interest-bearing ..............................11,450,936
  In foreign offices, Edge and
   Agreement subsidiaries, and IBFs........................      10,611,477
  Noninterest-bearing ...............................69,012
  Interest-bearing ..............................10,542,465
 
 Federal funds purchased and securities sold under 
  agreements to repurchase in domestic offices of
  the bank and of its Edge and Agreement subsidiaries, 
  and in IBFs:
  Federal funds purchased..................................       1,033,228
  Securities sold under agreements                         
   to repurchase...........................................          31,875
Demand notes issued to the U.S.                            
 Treasury..................................................         141,663
Trading liabilities........................................         562,071
Other borrowed money:                                      
  With original maturity of one year                       
   or less.................................................       1,576,410
  With original maturity of more than                      
   one year................................................         243,955
Bank's liability on acceptances executed and outstanding...         796,534
Subordinated notes and debentures..........................       1,056,320
Other liabilities..........................................       1,490,732
                                                                ===========
Total liabilities..........................................      36,225,763
                                                                ===========
                                                           
EQUITY CAPITAL                                             
Common stock...............................................         942,284
Surplus....................................................         525,666
Undivided profits and capital                              
 reserves..................................................       1,654,282
Net unrealized holding gains                               
 (losses) on available-for-sale                           
 securities................................................     (    54,920)
Cumulative foreign currency translation adjustments........     (     5,670)
                                                                ===========
Total equity capital.......................................       3,061,642
                                                                ===========
Total liabilities and equity
  capital .................................................     $39,287,405
                                                                ===========
</TABLE>


   I, Robert E. Keilman, Senior Vice President and Comptroller of the above-
named bank do hereby declare that this Report of Condition has been prepared in
conformance with the instructions issued by the Board of Governors of the
Federal Reserve System and is true to the best of my knowledge and belief.

                                                            Robert E. Keilman

   We, the undersigned directors, attest to the correctness of this Report of
Condition and declare that it has been examined by us and to the best of our
knowledge and belief has been prepared in conformance with the instructions
issued by the Board of Governors of the Federal Reserve System and is true and
correct.

   J. Carter Bacot     )     
   Alan R. Griffith    )     Directors
   Thomas A. Renyi     )
================================================================================

                                      -5-


© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission